THE MEETING OF THE

COMMON COUNCIL OF THE

CITY OF WAGNER,

CHARLES MIX COUNTY,

SOUTH DAKOTA

PURSUANT TO DUE CALL AND NOTICE THEREOF, the city council reconvened for a special April meeting on Monday, April 22nd, 2019 at the Wagner City Hall at 5:50 pm. Present were: Donald R. Hosek, Mayor, Rebecca Brunsing, City Administrator/ Finance Officer, Ken Cotton, City Attorney and the following councilpersons: Ron Cuka, Scott Honomichl, Tom Beeson, Brenda Jaton, Roger Schroeder and John Tyler. Absent: None.

The conflict of interest declaration statement was recited. No conflicts were cited.

The meeting was called to order and the Mayor called for the approval of the special meeting agenda. A motion was made by Tyler, second by Jaton to approve the special meeting agenda. All voted aye, motion carried.

A motion was made by Cuka, second by Beeson to approve the following rest of April 2019 claims:

Avera Health Plans, insurance 9,342.63; Northwestern Energy, electricity 820.40; Supplemental Retirement, retirement 50.00; Unum Life Insurance, insurance 189.79; Wipf & Cotton, prof fees 1,000.00

The Mayor opened the public hearing for all to consider the following zoning item and conduct a public hearing on the matter of the Recommendations from the Planning and Zoning Commission on Potential Zoning Amendments with Regards to Manufactured Home Park and Campground Performance Standards.

Discussion followed. The Mayor closed the public hearing. The following ordinance was placed on its first reading:

ORDINANCE NO. 2019-01

AN ORDINANCE AMENDING

SECTION 1007 (Conditional Uses in a Manufactured Home

Park areas),AND ADDING

AN ADDITIONAL SECTION 1016 SETTING FORTH PERFORMANCE STANDARDS

THAT MUST BE MET WHEN

HAVING A CAMPGROUND WITHIN A MANUFACTURED HOME PARK ZONED AREAS WITHIN THE CITY OF WAGNER, CHARLES MIX

COUNTY, SOUTH DAKOTA.

BE IT ORDAINED BY THE CITY OF WAGNER, CHARLES MIX COUNTY, SOUTH DAKOTA:

Section 1. PURPOSE. The purpose of this ordinance is to amend Section 1007, Conditional Uses, by adding an additional item #9 to the originally adopted Section 1007, and to add Section 1016 to the originally adopted Wagner Zoning Ordinance of September 7, 2000.

Section 2. AMENDMENT OF SECTION 1007. There is hereby added to Section 1007 of the Wagner Zoning Ordinance an additional item # 9, which shall read:

“9. Campgrounds. Please see performance standards at Section 1016 of this chapter.”

Section 3. New Section 1016. A new Section 1016 is added containing performance standards to be complied when a campground is to be allowed Manufactured Home Park area of the City of Wagner. Section 1016 shall read, as follows:

“Section 1016 Campground

Performance Standards

Campground Performance

Standards

General Performance Standards

1. The total number of campsites shall not exceed eight

(8), more may be allowed upon Council approval;

2. The minimum area for each site shall be three thousand two hundred (3,200) square feet;

3. The minimum width of each campsite shall be forty (40) feet;

4. The minimum length of each campsite shall be eighty (80) feet;

5. Each campsite must be provided with city water and city sewer services;

6. Each campsite must be provided with a 50-amp minimum electric hookup;

7. Portable fire pits are limited to one (1) per campsite and shall not be used for burning garbage and must be enclosed with a spark screen or lid;

8. Livestock trailers and livestock are prohibited;

9. Campsites provide accommodations for travel trailers only;

10. There shall be a campsite rear yard of not less than ten (10) feet on each campsite;

11. Each campsite side yard shall be not less than ten (10) feet;

12. Travel trailer slide outs shall not extend into front, rear or side yards;

13. Decks may extend into a side yard but shall not be less than two (2) feet from any campsite boundary; and

14. Each campsite, may be used for off-season storage of one

(1) travel trailer only and/or one

(1) boat only between November 1 and April 1.

Deck Performance Standards

1. Decks are permitted on campsites but must not exceed the length of the travel trailer occupying the same campsite;

2. Decks may extend into a side yard by shall not be less than two (2) feet from any campsite boundary;

3. Roofs over decks are prohibited; and

4. Decks must be anchored to the ground by concrete or other pinning device.

Fences and Screening Performance Standards

1. At the intersection of any vehicle route, street, camping pad, or anything similar in nature nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of two and one half (2 ½) feet and ten (10) feet above the centerline grades of the intersecting aforementioned items in the area bounded by the surface’s edge lines and a line joining points along said t lines thirty (30) feet from the point of the intersection;

2. No fences shall be erected on individual campsites;

3. Fences constructed upon the property shall comply with Section 1503 and shall be painted or finished in muted earth tone colors; and

4. Aminimumof one(1)tree meeting the following minimum specifications shall occupy or be planted on each campsite prior to operation of the campground or trailer park:

a. One (1) inch trunk caliper;

b. Six (6) feet tall; and

c. Five (5) gallon container. Travel Trailers Performance Standards

1. Must be currently licensed and immediately operable;

2. Must be placed with the hitch facing the access road;

3. May be skirted or otherwise modified to enclose the area between the camper and the ground; if occupied throughout the off-season.

4. All propane tanks and valves must comply with current safety standards;

5. All travel trailers must be maintained in good repair with no visual or operational deficiencies; and

6. Travel Trailers staying within the property for more than fourteen (14) days must be anchored to the ground to resist tipping and lateral movement.

Security Performance Standards

1. The property owner and/ or caretaker shall establish rules and regulations for the management of the property, its occupants and employees;

2. The property owner and/ or caretaker shall maintain a current record of the names of all occupants of the campground or trailer park;

3. The property owner and/ or caretaker shall be responsible for the control of nuisances within the boundaries of the property and ensure that all rules and regulations are posted and enforced;

4. The property owner and/ or caretaker shall distribute a copy of this chapter and the relevant rules and regulations to each occupant in the trailer park and shall ensure compliance with provisions of this ordinance;

5. The property owner and/ or caretaker shall assure all names and contact information are clearly posted for the following, including but not limited to: Onsite staff, offsite or after-hours staff, and emergency personnel; and

6. Operators of street legal all-terrain or other street legal off-road vehicles must have a valid driver’s license.

Parking Performance Standards

1. There shall be no on street parking;

2. Guest parking spaces, no smaller than two hundred (200) sf per parking space, shall be provided at a ratio of one (1) parking space per eight (8) campsites, grouped conveniently and have direct and immediate access to any road within the exterior boundaries of the campground or trailer park; and

3. Short-term overflow parking shall be designated.

Road Performance Standards

1. Legal and permanent access to an improved public road is required;

2. One-way interior roads shall be constructed with a minimum surface width of fifteen (15) feet and shall be designated “no parking”;

3. Two-way interior roads shall be constructed with a minimum surface width of fifteen (15) feet and shall be designated “no parking”; and

4. Interior roads shall be clearly marked at each intersection to identify traffic directions and camping space numbers served by the road.

Lighting Performance Standards

1. Adequate lighting shall be provided for all walkways, roads, and parking areas; and

2. All security or safety lighting shall be designed, hooded and placed in a manner that does not cause direct or undesirable illumination onto any property located outside the exterior boundaries of the campground or trailer park or interfere with the motoring public on adjacent roads.”

Section 4. That this ordinance is necessary for the preservation and support of the municipal government and its existing public institutions and shall take effect immediately upon the passage and publication hereof.

Dated this 22nd day of April 2019 at Wagner, SD.

The motion for the foregoing ordinance was made by Jaton seconded by Beeson. Upon roll call vote being taken, those voting AYE: Tyler, Schroeder, Jaton, Beeson, Honomichl and Cuka. Those voting NAY: None. Absent: None. Those abstaining: None. Motion carried.

This being the time and place for published public hearing on the proposed resolution of necessity for the new construction of Concrete Curb and Gutter and Street Improvements on SE Railroad Street between SE Front Avenue and SE Elm Avenue; the Mayor opened the public hearing.

TheFinanceOfficerreadaletter from the two property owners that adjoin the property and would be assessed amounts for their portion of curb and gutter for the project. They stated in the notarized letter that they do not want curb and gutter and do not desire to have the street paved either.

The Mayor closed the public hearing.

Discussion followed. It was also brought to the council attention, that the portion of street is not a platted street. Since 100% of the property owners have expressed their disapproval of proceeding forward with the project, the city council considered suspending the project. A motion was made by Cuka, second by Honomichl to not proceed with the SE Railroad Street between SE Front Avenue and SE Elm Avenue improvement project based on 100% disapproval of proposed assessed property owners. Upon roll call vote being taken, those voting AYE: Tyler, Schroeder, Jaton, Beeson, Honomichl and Cuka. Those voting NAY: None. Absent: None. Those abstaining: None. Motion carried.

EXECUTIVE SESSION

A motion was made by Beeson, second by Jaton to enter into executive session at 6:25 pm for personnel pursuant to SDCL 1-25-2 (1), proprietary business SDCL 1-25-2 (5), and litigation SDCL 1-25-2 (3). All voted aye, motion carried.

The Mayor declared the council out of executive session at 6:54 pm.

A motion was made by Tyler, second by Schroeder to adjourn the meeting at 6:54 pm. All voted aye, motion carried.

Approved

________________________

Donald R. Hosek, Mayor

Attest

_________________________

Rebecca Brunsing, Finance Officer

Published once at the approximate cost of $111.74.

Published: May 1, 2019.

“This institution is an equal opportunity provider.”